National Movement for Old Pension Scheme (NMOPS) has decided to observe “Gherao of Parliament House” on 26th November, 2018

All India Protest Day for 26.11.2018 – Instructions under CCS (Conduct) Rules, 1964 – Regarding

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OUT TODAY

No C-45018/1/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 12th November, 2018

Subject: All India Protest Day for 26th November, 2018 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Government that National Movement for Old Pension Scheme (NMOPS) has decided to observe “Gherao of Parliament House” on 26th November, 2018 in order to demand withdrawal of New Pension Scheme (NPS).

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008 Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protest/Gherao, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest/Gherao, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of protest/Gherao, i.e., 26.11.2018.

sd/-
(Brij Mohan)
Under Secretary to the Govt. of India

Click to View the Annexure

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Revision of Minimum Wage and Fitment Formula, Scrapping NPS, Allow Option No.1 as one of the Pension Fitment Formula

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No.45018/l/2017-Vig.
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 18th September, 2018

Subject: All India Protest Day for 19th September, 2018 – Instructions under CCS (Conduct Rules) 1964 – Regarding.

It has been brought to the notice of the Government that National Joint Council of Action (NJCA), New Delhi has decided to observe “All India Protest Day” on 19th September, 2018 in support of the following issues:

i. Upward Revision of Minimum Wage and Fitment Formula,
ii. Scrapping of the New Contributory Pension Scheme; and
iii. Allow Option No.1 as one of the Pension Fitment Formula.

Also read: Decision of National Secretariat Meeting Held on 5.9.2018 at New Delhi – Confederation

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. dated 12.9.2008,
on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed protest, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on protest, all Divisional Heads are requested to forward report indicating the number and details of employees, who are absent from duty on the day of protest, i.e., 19.09.2018.

sd/-
(Jugla Singh)
Deputy Secretary (JCA)

View order

Authority: https://dopt.gov.in/

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F.No.11012/04/2016-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi — 110001
Dated August 23, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – instructions regarding timely issue of Charge-sheet – regarding.

The undersigned is directed to refer to DoP&T’s O.M. No.11012/17/2013-Estt.A-III dated 3rd July, 2015 on the above mentioned subject and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015, the Apex Court has directed as follows:

“14 We, therefore, direct that the currency of a Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/Chargesheet is not served on the delinquent officer/employee; if the Memorandum of Charges/Charge sheet is served a reasoned order must be passed for the extension of the suspension. As in the case in hand, the Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. The Government may also prohibit him from contacting any person, or handling records and documents till the stage of his having to prepare his defence Furthermore, the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance stands superseded in view of the stand adopted by us.”

2. In compliance of the above judgement, it has been decided that where a Government servant: is placed under suspension, the order of suspension should not extend beyond three months, if within this period the charge-sheet is not served to the charged officer. As such, it should be ensured that the charge sheet is issued before expiry of 90 days from the date of suspension. As the suspension will lapse in case this time line is not adhered to, a close watch needs to be kept at all levels to ensure that charge sheets are issued in time.

3. It should also be ensured that disciplinary proceedings are initiated as far as practicable in cases where an investigating agency is seized of the matter or criminal proceedings have been launched. Clarifications in this regard have already been issued vide O.M. No. 11012/6/2007-Estt.A-Ill dated 21.07.2016.

4. All Ministries/ Departments/Offices’ are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

5. Hindi version will follow.

sd/-
(Mukesh Chaturvedi)
Director (E)

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Guidelines to curb practice of obtaining donations by the associations

Guidelines to curb practice of obtaining donations by the associations formed by either employees or their spouses etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010

No. AN/Xlll/13006/Vol-XXII

Dated 04.02.2016

To
All PCsDA/CsDA
PCA (Fys) Kolkata/ All CsFA (Fys)

Subject: Guidelines to curb practice of obtaining donations by the associations formed by either employees or their spouses etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE.

A copy of Ministry of Ministry of Heavy Industries & Public Enterprises’s OM F No. DPE-GM-06/0002/2015-GQ/I/FTS-4861 dated 14.12.2015 received through Ministry of Defence, D Vigilance on the above subject is forwarded herewith for information, guidance, necessary action and notice of all concerned.

Please acknowledge receipt.

(T.K.Jajoria)

Sr. Dy. CGDA(Admin)

F. DPE-GM-06/0002/2015-GM/FTS-4861
Government of india
Ministry of Heavy industries & Public Enterprises
Department of Public Enterprises

Public Enterprises Bhavan,
Block No-14, CGO,Complex,
Lodhi Road, New Delhi-1 10 003.

Dated: 14th December, 2015

OFFICE MEMORANDUM

Subject: Guidelines to curb practice of obtaining donations by the associations formed by either employees or their spouses etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE.

The undersigned is directed to state that the CVC has observed that there is a practice of obtaining donations by the associations/NGOs formed by either employees or their spouse etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealing with the CPSE. Such practice of associations comprising of officials/spouses of employees of CPSEs taking donations, advertisement or sponsorships etc. from the contractors, customers, vendors or persons having commercial / business relationship with the Public Enterprises is unethical. The CVC has further observed that such practice is avoidable in the interest of transparency and fairness.

2. The Modal Conduct, Discipline & Appeal (CDA) Rules circulated by DPE vide OM No. BPE No. 2(121)/73-BPE (GM-i) dated 26-04-1974 already lays down certain acts construed as misconduct which includes taking any illegal gratification. It is, therefore, advised that the concerned Ministries / Departments having CPSEs under their administrative control may issue necessary instructions to curb such practice in their CPSEs and also instruct them to suitably amend their Conduct, Discipline & Appeals (CDA) Rules to incorporate a specific provision as under:

“Obtaining donations/advertisement/sponsorship etc. by the associations/NGOs formed by either employees or their spouse / family members etc. from the contractors, vendors, customers or other persons having commercial relationship / official dealings with the CPSE will be treated as misconduct.

(J.N. Prasad)
Director

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F.No.142/40/2015-A VD.I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi Dated, the 7th January, 2016

OFFICE MEMORANDUM

Subject: Procedure for empanelment of retired officers as the Inquiry Officers for conducting Departmental Inquiries– reg.

The undersigned is directed to state that the issue of utilizing the services of retired officers for conducting departmental inquiries had been under consideration of the Department. It has now been decided that panels of retired officers from the Ministries/Departments under Government of India and PSUs would be created and maintained by the respective Cadre Controlling Authorities for conducting Departmental Inquiries against the delinquent officials.

2. Procedure for empanelment of retired officers as the Inquiry Officers – Panels of retired officers not below the rank of Deputy Secretary in Central Government and equivalent officer in the State Governments/PSUs to be appointed as the Inquiry Officer for the purpose of conducting departmental inquiries would be maintained level/rank wise and place-specific by each cadre controlling authority where its offices are located.

3. Validity of the panel – The panel of the retired officers created for the purpose of appointing Inquiry Officers for conducting departmental inquiry will be valid for a period of three years. The respective Cadre Controlling Authority will ensure that a panel of retired Inquiry Officers is available with them.

4. Following are the eligibility conditions for appointment of willing retired officers as the Inquiry Officers to conduct departmental inquiries:-

(i) The retired officers willing to serve as the Inquiry Officer should not be more than 65 years of age as on the 1st April of the year of his/her empanelment.

(ii) He/she should be in sound health – both physically and mentally.

(iii) He/she should not be an accused officer in any pending inquiry and should be of impeccable integrity.

5. The respective Cadre Controlling Authority will immediately take necessary action for inviting applications from willing and eligible retired officers to serve as the Inquiry Officer for conducting departmental inquiry. In this regard, a format for inviting applications is annexed.

6. A three-member committee consisting of Joint Secretary level officers including CVO of the concerned Ministry/Departments/PSUs would be constituted by the respective cadre controlling authority. The other two members can be from the same Ministry/Department or from the attached or subordinate office. After receipt of willingness of the retired officers, names of the officers will be screened by the committee so constituted and panel of officers (Database) will be created rank-wise viz., Deputy Secretary, Director, Joint Secretary, Additional Secretary, Secretary, etc. Approval of Minister-in-charge may be solicited for making the panel of the officers. Appointment of Inquiry Officer, from the panel of eligible retired officers, will be done by a random draw of lot. The Committee constituted for making panels of retired officers as the Inquiry Officer has to keep in mind that applications of retired officers willing to serve as an Inquiry Officer should be scrutinized carefully to ensure that the applicant meets the eligibility criteria.

7. The number of disciplinary cases assigned to an Inquiry Officer may be restricted to 20 cases in a year, with not more than 4 cases at a time.

8. Terms and conditions for appointment of retired officers as the Inquiry Officer.

The designated Inquiry Officer shall require to give an undertaking as follows:-

(i) That he/she is not a witness or a complainant in the matter to be inquired into or a close relative or a known friend of the delinquent Government officer.

(ii) shall maintain strict secrecy in relation to the documents he/she receives or information/data collected by him/her in connection with the inquiry and utilize the same only for the purpose of inquiry in the case entrusted to him/her.

9. No such documents/information or data shall be divulged to anyone during the Inquiry or after presentation of the Inquiry Report. All the records, reports etc. available with the Inquiry Officer shall be duly returned to the authority which appointed him/her as such, at the time of presentation of the Inquiry Report.

10. The Inquiry Officer shall conduct the inquiry proceedings in the official premises provided by the Department/Organization, which engages him/her.

11. The Inquiry Officer shall undertake travel for conducting inquiry (in unavoidable circumstances) with the approval of the Disciplinary Authority.

12. The Inquiry Officer shall submit the inquiry report after completing the inquiry within ninety days from the date of his/her appointment as the Inquiry Officer. Extension of time beyond ninety days can be granted only by the Disciplinary Authority.

13. The rates of honorarium and other allowances payable to the Inquiry Officer will be as under:-Payment will be made to the Inquiry Officer only when the report is accepted by the Disciplinary Authority. In case it is not possible to proceed with the matter due to stay by courts etc., the Inquiry Officer may be discharged from his/her duties and payment of honorarium and other allowances will be made on pro rata basis.

14. Before the payment is received by the Inquiry Officer, it will be his/her responsibility to ensure that:-

(a) All case records and inquiry report (two ink signed copies) properly documented and arranged is handed over to the Disciplinary Authority.

(b) The report returns findings on each of the Articles of Charge which has been enquired into should specifically deal and addresses each of the procedural objections, if any, raised by the charged officers as per the extant rules and instructions.

(c) There should not be any ambiguity in the inquiry report and therefore every care should be taken to ensure that all procedures for conducting departmental inquiries have been followed in accordance with the relevant rules/instructions of disciplinary and appeal Rules to which the delinquent Government officials are governed.

15. Letter regarding engaging a retired officer as the Inquiry Officer will only be issued with the approval of the Disciplinary Authority of the Ministry/Department/ Office concerned.

16. The Department of Personnel & Training (AVD.I) may be consulted in case of clarification( s) on any of the issues related to empanelment of retired officer as an Inquiry Officer for conducting departmental inquiries.

17. The services of Inquiry Officers whose performance is not upto the mark will be terminated with the approval of appointing authority.

sd/-
(K.Srinivasan)
Under Secretary to the Government of India

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